The concept has never been illegal in Mexico, but in the times of the colony by Spain, sodomy was a grave felony. Those proven guilty were burned by the Holy Inquisition. In the independent period homosexuality was an administrative felony, that was charged by the police at discretion. This practice has been waning since the arrival of the modern democracy at the beginning of the 21st century.

With the broad reform about human rights the protection of sexual preference was included in the federal constitution in 2011.

LGBT discrimination in Mexico

The National Council to Prevent Discrimination, CONAPRED, takes action to ensure equality for all citizens. This includes promoting new policies and resolving complaints of allegedly discriminatory acts.